DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2019/1244)

DOWNER EDI WORKS VICTORIAN CONSTRUCTION OPERATIONS ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 MAY 2019

Application for approval of the Downer EDI Works Victorian Construction Operations Enterprise Agreement 2018

[1] Downer EDI Works Pty Ltd has made an application for approval of an enterprise agreement known as the Downer EDI Works Victorian Construction Operations Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 27 May 2019 and, in accordance with s 54, will operate from 3 June 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, Downer EDI Works Pty Ltd, sought approval for the Downer EDI Works Victorian Construction Operations Enterprise Agreement 2018. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), contested the application. The dispute centred around various terms and conditions of employment, including wages, working hours, leave entitlements, and dispute resolution mechanisms. The case was heard by the Full Bench of the Fair Work Commission.

The legal issues before the court included whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly whether it provided for minimum entitlements and protected against adverse action. The court also had to determine whether the process leading to the agreement's formation was fair and whether the agreement was in the best interests of the employees. Additionally, the court examined if the agreement adequately balanced the interests of both employers and employees.

The court found that the agreement was generally in compliance with the statutory requirements and provided for minimum entitlements. The process leading to the agreement was deemed fair, and the terms were considered to be in the best interests of the employees. The agreement balanced the interests of both parties effectively. Consequently, the court approved the Downer EDI Works Victorian Construction Operations Enterprise Agreement 2018.

The final orders included the approval of the enterprise agreement, subject to certain conditions and modifications to ensure compliance with the Fair Work Act 2009. The agreement was to be certified and registered with the Fair Work Commission, thereby becoming legally binding on the parties involved.

Downer EDI Works Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established